11,312 result(s)
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2,801.
Bayramov v. Canada (Citizenship and Immigration) - 2019 FC 256 - 2019-03-01
Federal Court DecisionsA. No Breach of Procedural Fairness [13] Mr. Bayramov submits that the negligence of his immigration consultant resulted in a breach of procedural fairness. [...] I prefer to deal with the issue by establishing the scope of the requirements of procedural fairness in the circumstances and whether those requirements were met. [...] In other words, the failure to conclude an exchange of information that was not required by procedural fairness does not give rise to a breach of procedural fairness.
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2,802.
Batica v. Canada (Minister of Citizenship and Immigration) - 2006 FC 762 - 2006-06-16
Federal Court Decisions[5] It is common ground that a pragmatic and functional analysis is not required when the Court is dealing with allegations of the denial of natural justice or procedural fairness. [...] She failed to do so and, in that respect, she breached one of the fundamental tenets of fairness. [...] [14] This is an issue of procedural fairness that has come up before.
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2,803.
Rukoro v. Canada (Citizenship and Immigration) - 2020 FC 417 - 2020-03-25
Federal Court DecisionsEvaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation (Moreau-Bérubé, para 74). [...] [39] The Respondent submits that the RPD’s Decision was both fair and reasonable. [...] [58] The Applicants say that, in dealing with Ms. Uandara’s claim, the RPD failed to consider and take into account the Gender Guidelines.
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2,804.
Society of Composers, Authors and Music Publishers of Canada v. Bell Canada - 2010 FCA 139 - 2010-05-27
Federal Court of Appeal DecisionsI will first deal with the alleged refusal to certify a tariff for the CBC’s use of SOCAN’s repertoire in the Internet simulcast of the CBC radio signal. [...] [25] That the Board’s obligation in considering a demand for the certification of a proposed tariff is to approve and certify a fair and reasonable tariff is not disputed. [...] However, to act arbitrarily and unreasonably when required by law to act fairly and reasonably is wrong at law.
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2,805.
Canada (Attorney General) v. Brooks - 2006 FC 1244 - 2006-10-18
Federal Court DecisionsOn February 3, 2005 the Tribunal made a ruling with regard to the issues that should be considered in dealing with remedy. [...] 4. Did the Tribunal violate the rules of procedural fairness; i.e., breach its duty to provide Mr. Brooks with a fair hearing regarding the issue of remedy? [...] The Court, when reviewing a decision challenged on the grounds of procedural fairness, must isolate any act or omission relevant to procedural fairness.
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2,806.
Lai v. Canada (Attorney General) - 2023 FC 367 - 2023-03-17
Federal Court Decisions[17] The CRA agent who conducted the second review submitted two affidavits to the Court with relevant documents, one dealing with the Second CRB Decision and another dealing with the Second CWLB Decision. [...] The Decisions are reasonable and there is no breach of procedural fairness [...] In any event, the new information that the Applicant provided did not, in my view, speak to the reasonableness of the Decisions, nor the fairness of the procedure.
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2,807.
Jamal v. The Queen - 2018 TCC 196 - 2018-09-27
Tax Court of Canada Judgments[7] There are no reported cases directly interpreting the time limitation within subsection 38(1) which deals specifically with employee overpayments. [...] The similar, but not identical subsection 38(4), which deals with self-employed earning over-contributions, has been considered in both Tharle and, most recently, in Freitas. [...] It is not necessarily fair or equitable; however, it is the clear intent of Parliament and it is the consequential result of the applicable law as clearly written in the ITA and the CPP, in turn, interpreted by this and other courts.
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2,808.
Hoseinian v. Canada (Citizenship and Immigration) - 2018 FC 514 - 2018-05-15
Federal Court DecisionsIn not doing so, CIC would have breached procedural fairness. Ms. Hoseinian did not bring this argument forward before the CIC officer, nor in her application for judicial review, but only in her memorandum of argument. [...] In fairness to the other party, the Court may decline to deal with an argument brought at such a late stage of the proceedings. [...] In any event, given my conclusion on the main issue, it is unnecessary to deal with this argument.
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2,809.
Eurocopter c. Bell Helicopter Textron Canada Limited - 2009 FC 836 - 2009-08-18
Federal Court Decisions[1] In this case, the Court is dealing with a motion by plaintiff Eurocopter (hereinafter Eurocopter) to have objections decided. [...] [4] Patent ‘787 deals with landing gear for helicopters and is titled “Skid landing gear for helicopters”. [...] One must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109.
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2,810.
Keranda v. Canada (Citizenship and Immigration) - 2009 FC 125 - 2009-02-06
Federal Court DecisionsSince the arguments of counsel for the applicants against this decision do not deal with the panel’s reasons but its constitution, I will summarize the reasons briefly. [...] This argument is based on an erroneous reading of subsections 67(1) and (2) of the Refugee Protection Division Rules S.O.R./2002-228, which only deal with when a final decision takes effect. [...] [23] In any event, in my view, the applicants are estopped from relying on a breach of the principles of procedural fairness since counsel who represented them before the RPD did not object at the hearing.
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2,811.
Cao v. Canada (Citizenship and Immigration) - 2004 FC 261 - 2004-02-23
Federal Court DecisionsTheir failure to do so constitutes a breach of procedural fairness. [3] In his PIF, the applicant simply says: [...] [11] Before reviewing the finding of implausibility, which is the other reason why the Board rejected the claimant's testimony, I shall deal with the other argument raised by the applicant with respect to the finding of non-credibility. [...] [17] The Court does not agree with the applicant that his failure to provide such an explanation is attributable to a breach of procedural fairness, that is the Board's failure to alert him to its concern with respect to the plausibility of his story.
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2,812.
Pramauntanyath v. Canada (Minister of Citizenship and Immigration) - 2004 FC 174 - 2004-02-02
Federal Court Decisions[16] Dealing with the respondent's last submission first, while it is true that CIC could have dealt with Mr. Pramauntanyath's H & C application in 2000 on the basis of his situation at that time, it did not. [...] [18] In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, the Supreme Court of Canada concluded that H & C applicants are owed more than a minimal level of procedural fairness. [...] I agree with counsel for Mr. Pramauntanyath that in this regard, an analogy can properly be drawn to cases where a party is denied a fair hearing as a result of the negligent actions of his or her solicitor.
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2,813.
Canada (Attorney General) v. S. D. Myers Inc. - 2001 FCT 317 - 2001-04-11
Federal Court DecisionsThe Court must be concerned with the expeditious and efficient progress of litigation, always having regard to fairness to the parties and indeed to the proposed intervenors. [...] Expeditiousness and fairness considerations, I think, are at the root of the conditions that must be met by proposed intervenors. [...] (e) Does the award deal with a dispute not contemplated by NAFTA Chapter Eleven by virtue of its finding that a breach of Article 1102 may be a breach of Article 1105?
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2,814.
Zheng v. Canada (Minister of Citizenship and Immigration) - 2001-01-30
Federal Court Decisions[6] Whether the visa officer erred in refusing to issue a student authorization to the Applicant - Whether the visa officer breached her duty of fairness by failing to inform the Applicant as to her concerns with respect to the Applicant's long term intentions, and by failing to offer the Applicant an opportunity to respond [...] There must be either an error of law apparent on the face of the record, or a breach of the duty of fairness appropriate to this essentially administrative decision." [...] I, like the visa officer, would have a great deal of doubt as to his probability of return to China.
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2,815.
SSE Holdings, LLC v. Le Chic Shack Inc. - 2020 FC 983 - 2020-10-05
Federal Court DecisionsNow we need to go get a deal done and capitalize on this frozen tundra (-16c here tonight)! [...] In the judicial context, these rules are meant to ensure that the adjudication processes are fair and just for all parties involved. [...] This is what Mr. Lauzon referred to as a “deal breaker” in the RP-20 Email.
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2,816.
Sanchez v. Canada (Citizenship and Immigration) - 2008 FC 1336 - 2008-12-01
Federal Court Decisions[41] The Board committed several reviewable errors which affected the fairness of the Applicants’ hearing. [...] The Board recognized the prevalence of crime and corruption in Mexico, but concluded that the state was dealing with those problems. [...] Other organizations that monitor and deal with corruption in the police force are not relevant to the risks which the Applicants face.
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2,817.
Farah v. Canada (Attorney General) - 2016 FC 935 - 2016-08-15
Federal Court DecisionsAs I have determined there is no evidence that Ms. Farah’s Charter rights were breached, I will deal with that issue first. [...] D. Was the Decision Procedurally Fair? (1) Submissions of the Parties [...] [61] Counsel for Ms. Farah submits that the cases dealing with cancellation of security clearances are very fact specific.
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2,818.
Bonnybrook Park Industrial Development Co. Ltd. v. Canada (National Revenue) - 2023 FCA 145 - 2023-06-21
Federal Court of Appeal DecisionsThis is an issue of procedural fairness that is to be reviewed on a correctness standard (Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 at para. 28). [...] [18] Finally, Bonnybrook submits that the Minister breached procedural fairness because its request to file further submissions was not granted by the Minister. [...] In our view, this was not a breach of procedural fairness because Bonnybrook was given a sufficient opportunity to be heard.
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2,819.
Costeniuc v. Canada (Citizenship and Immigration) - 2012 FC 1495 - 2012-12-18
Federal Court Decisions[8] Mr Costeniuc argues that the IAD’s decision should be quashed because he was either denied a fair hearing, or was the victim of a miscarriage of justice due to the incompetence of counsel. [...] Therefore, I need not deal with the question of whether the incompetence of Mr Costeniuc’s counsel resulted in a miscarriage of justice. [...] While he had no absolute right to counsel, he had an undeniable right to a fair hearing.
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2,820.
Royal Bank of Scotland v. Golden Trinity (Ship) - 2004 FC 795 - 2004-05-31
Federal Court Decisions1) There are some issues which require substantial legal analysis, issues which I will deal with in due course. [...] I will deal first with the claim of maritime lien. Tramp's Maritime Lien Against Golden Trinity [...] Canadian courts have, on fairly rare occasions, been able to find special circumstances by which to rectify a plainly unjust result.
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2,821.
Malette v. The Queen - 2003 TCC 542 - 2003-08-13
Tax Court of Canada JudgmentsAppeal of Redeter-mination of fair market value Decision of Court Appeals Before the Tax Court of Canada [...] "the total of all amounts each of which is the fair market value of a gift (a) of an object ..." [...] But in dealing with the concept of fair market value, he did refer to an orderly marketing of the paintings in the retail market, governed to some extent by the particular condition of Morrisseau and the gallery.
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2,822.
Tan v. Canada (Citizenship and Immigration) - 2016 FC 876 - 2016-07-27
Federal Court DecisionsISSUE 1: Did the RAD breach its duty of procedural fairness? Applicant’s Submissions [...] [27] Similarly, and relevant to this matter, Part 2 of the RAD Rules deals with the rules applicable to appeals made by the Minister, including: [...] However, these decisions deal with situations where the RAD raised a new issue or argument in its decision, and did not give the applicant the opportunity to respond.
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2,823.
Talukder v. Canada (Citizenship and Immigration) - 2007 FC 668 - 2007-06-22
Federal Court Decisions[15] Mr. Talukder’s arguments relating to his alleged profile as a successful businessman raise questions of both procedural fairness and credibility. [...] [19] I do not accept that Mr. Talukder was denied a fair hearing for several reasons. [...] There was never any suggestion that they were not prepared to deal with the issue.
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2,824.
Brassard v. The Queen - 2015 TCC 29 - 2015-02-06
Tax Court of Canada JudgmentsThe Appellant challenges the Minister’s assumption of the fair market value of the property at the date of transfer and its accuracy. [...] iii) A person with whom the transferor was not dealing at arm’s length. [...] 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee.
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2,825.
Bingley v. M.N.R. - 2023 TCC 110 - 2023-08-15
Tax Court of Canada Judgments5(3) Arm’s length dealing For the purposes of paragraph 2(i), (a) the question of whether persons are not dealing with each other at arm’s length shall be determined in accordance with the Income Tax Act; and [...] Non-related persons could also be considered not dealing at arm’s length based on the facts. [...] She was paid a fair amount by the Payer, and the duration of her job was logical as it coincided with lobster fishing season.